you're watching cbs 5 eyewitness news in high definition. good evening. i'm ken bastida. >> and i'm elizabeth cook. maintenance crews armed with bolt cutters will be out on a freeway overpass tomorrow. cbs 5 reporter kiet do is

standing in front of some declarations of love that one city says are dangerous. kiet? >> reporter: the city has been accused of dousing the romance out here and being a kill joy by telling all the owners of the so-called love lots to come and get them. they've been warned. and tomorrow is the deadline. on the main street bridge in los gatos, it is government, not love, that conquers all. >> a big issue about nothing. i mean, it's just absurd that people can get overwrought about something so insignificant. >> reporter: back in august, kim and caroline celebrated their wedding anniversary with this. a pink lock with a personal inscription. they were the first to attach it to the bridge in town, as a symbol of their marriage of 30 years. >> it symbolizes the unity of us and a permanence.

>> reporter: so >> reporter: so-called love locks are a tradition. as many as 28 locks appeared by the end of the year. they thought they had started a trend that would last generations. but four months after it all began, the city put up a sign saying the locks were illegal and had to go. >> when it finally looked like it was going to come to an end, for some reason it sucker- punched me. >> reporter: they said too many locks could weigh the fence, which could topple in a windstorm. also it could turn into an eyesore. >> what do you tell people who say you're being too careful? >> well, i don't know that you can be too careful when you're talking about traffic safety and roadway safety. >> you don't buy it? >> not at all. it's a red herring. it has nothing to do with traffic. >> reporter: and so the town and the citizens have reached a compromise.

there is a new home for this whole love locks movement at the art museum. they will have a grand opening ceremony on the night of february 13. >> all right, kiet. thank you well, it gets worse. an antibullying video just turned into a huge pr problem for the 49ers. >> reporter: it has been taken down. the video's purpose was to stop the bullying of gay teens. >> believe in yourself. set goals for yourself. look to the future and it will get better. >> reporter: ahmad brookes told usa today said they didn't realize that's what it was specifically about when they signed on for the video. for now, the "it gets better" project has removed the 49ers video from its archives. this comes on the heels of

chris culliver's apology for saying he wouldn't welcome a gay player in his locker room. >> i apologize and i'm sorry. that's not what i feel in my art. that's why i'm addressing the situation now. and like i said, i hope that i will -- i know i will learn and grow from the situation. >> reporter: there's actually a petition going on right now on change.org asking the nfl to send chris culliver away to the new york gay football league. the game is just a couple of days away. is this going to be a distraction? >> i talked to isaac today and several of the 49ers, and, you know, they're having a great week, a great week of practice and they have had great attitudes. same is true for the ravens. so i think both teams have had a great week.

teams inevitably get past that point. >> reporter: we're just going to have to see what happens then. what have you been doing today? >> i was strolling around, doing the interviews this morning. we're doing a webcast tonight and look who i stumble upon! >> here we are again. the quest for six, as they say. yeah! yeah! yeah. >> i think it's gonna happen. >> oh, joe thinks it's going to happen. you hear that, san francisco? >> joe montana, of course, with jennifer and a couple of other friends. so montana officially predicts the 49ers will win. no shock there. but when you consider the fact that he is 4-and-0 in super bowls, it's spoken from experience. >> reporter: hey, there you go. i'm for it. i trust his prediction. >> yes. absolutely. so do i. coming up, we're going to hear from a hall of fame quarterback who gives some advice to colin kaepernick in just his second year going to a super bowl. >> reporter: can't wait to hear that. ken, back to you. >> amazing. montana, been there, done that.

can't doubt it. dennis and michelle, thank you guys. late tonight we learned that a rabid cat in sonoma county bit someone, and that person had to get rabies shots. the department of health services tells us it was an unvaccinated cat from the glen ellen area. this is the first confirmed case of rabies in a domestic animal in 16 years. because of it, vip pet care in sonoma county will be offering $5 vaccinations for dogs and cats for the next three weeks. what's that expression, with friends like these? a grilling on capitol hill came from a close friend. senator john mccain lit into chuck hagel for the troop surge in iraq. >> whether you were right or wrong about the surge. >> i'll explain why i made those comments. >> i want to know if you were right or wrong. that's a direct question. i expect a direct answer.

>> the surge assisted in the objective. but if we review the record a little bit -- >> will you please answer the question? were you correct or incorrect when you said that -- >> now, despite some conservative opposition, hagel is expected to win confirmation as the pentagon chief. americans have been buying guns in record numbers lately, ever since the talk about tightening gun-control laws. but there is a different type of firearm dealer also doing a booming business these days. reporter joe vazquez shows us it's do it yourself. >> reporter: don't wanna buy a gun? >> sometimes you want things done right. you gotta do it yourself. >> reporter: how about making your own? >> we are flooded with orders right now. >> reporter: our san diego affiliate found a gun owner in oceanside that said its business is booming. arris is a firearm dealer, with its own machine shop, where people can build their own

guns, even ar-15 rifles. >> this right here, that's where your actual trigger assembly and everything is, to make it an actual firearm. at this stage, literally it's a paper weight. >> reporter: they insist this is legal in california. >> 1968. i make a weapon for personal use, but not for sale or distribution. >> reporter: since the provision is that you will not sell the weapon, the owner is not required to put a serial number on it. you don't end up on any government list. felons and undocumented immigrants are among those not allowed. >> if we even get wind that you're a felon, we're going to contact somebody about it. there's a certain sense of responsibility that goes with firearm ownership. >> reporter: on its website, the store organizes what it calls build parties where people get together and learn how to manufacture and assembly their own ar-15's. joe vazquez, cbs 5. coming up, how one passenger's free

upgrade forced a california- bound flight to make an emergency detour. ♪ ♪ and the rockets red glare ♪ ♪ the bombs bursting in air ♪ ♪ >> the beyonce silences the haters. a record-dry january in san francisco. here's a peek at the radar. when does the rain move back in? a clear flight over the -- clear night over the bay area. your forecast, next. rejected by cal, the family tragedy that inspired colin kaepernick to give back before he was a household na with this flu season being the most severe in years it's important to follow cdc guidelines to help protect your family. wash your hands often. and clean your surfaces using a disinfectant to prevent the spread of cold and flu viruses. you can trust lysol because lysol disinfectant spray is approved to kill twice as many germs than any other disinfectant spray.

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nothing to do with alcohol. it had to do with leg-room. another case of air rage. this time it had nothing to do with alcohol. it had to do with leg room. jetblue flight 185 took off from jfk for san diego. but it made an unscheduled stop

in denver just after 7:00 tonight. now, a denver station reports it was because of a woman who became upset when another passenger was upgraded to a better seat without having to pay the premium price. well the upset passenger was escorted off that plane. the flight then took off and continued its trip to san diego. well, not nearly the drama in bay area skies. this is just a plane talking off today to monitor how air pollution drifts in and out of the bay area. the plane will be in the skies again tomorrow, flying rather low. nasa is doing this in partnership with the bay area air quality management district. niners have a chance to win super bowl no. 6. at the center of all the attention is colin kaepernick. how this guy achieved phenomenal success against some pretty strong physical odds. >> well, colin kaepernick, he lays it out in front. >> with a cannon for an arm.

and the legs of a gazelle, quarterback colin kaepernick is simply phenomenal. >> no one comes here to be a backup. confidence. >> if you're prepared going into a game, you'll be confident going out there. >> reporter: highly focused. from second-year backup to the starter at the super bowl, kaepernick's rise is nothing short of amazing. the three words tattooed across his chest say it all. against all odds. kaepernick was born in wisconsin, two an unmarried teenager who put him up for adoption. >> i'm a firm believer that things happen for a reason. >> reporter: teresa kaepernick had lost two children at birth from congenital heart defects. when they learned a baby was up for adoption, they were -- >> extremely excited. anxious to see him. >> reporter: as a child, colin suffered from chronic respiratory problems. at one point, he was tested for

cystic fibrosis, which he did not have. they moved to san francisco's central valley. he excelled in both sports and academics. football was his first love, but at 6-foot-4, he weighed just 170 pounds. >> very skinny. i was hoping he wouldn't break. >> reporter: only one major college, nevada, offered kaepernick a football scholarship. once again, he rose to the occasion, perfecting the pistol offense. >> if you got a guy like cap who can run like a gazelle, you gotta be more than concerned with it. you gotta put one and a half people on him. >> reporter: now, kaepernick is a star, but not just on the football field. the 25-year-old donates his time at a summer camp for children with congenital heart problems. >> he wanted to help kids with heart defects. rick and i were both extremely moved. >> one of the coolest things i saw was him spend hours in the swimming pool with the kids.

not one kid asked about the tattoo. colin didn't ask about their scars. they were just kids. >> wow. great to see a story about him. well, she won't sing until super bowl sunday, but beyonce took center stage in new orleans today that prove she can do it. >> and sharon chin shows us she got right to the point. ♪ ♪ oh say can you see ♪ ♪ >> reporter: did beyonce sing at the presidential inauguration, or was she lip syncing? beyonce belted out her answer to the burning question. >> would you guys mind standing? ♪ ♪ oh say can you see ♪ ♪ >> reporter: and when she was done -- >> any questions? >> reporter: the 31-year-old pop star admitted that she did sing along to a prerecorded track on inauguration day. >> i am a perfectionist.

and one thing about me, i -- i practice until my feet bleed. due to the delay, due to no proper sound check, i did not feel comfortable taking a risk. it was about the president and the inauguration. and i wanted to make him and my country proud. >> reporter: as for the super bowl -- >> and i will absolutely be singing live. this is what i was born to do. >> reporter: but she won't be singing this. ♪ ♪ and the home of the brave ♪ ♪ ♪ ♪ the brave ♪ ♪ >> she can sing. so let's just see how difficult it is to lip sync. >> we're gonna play an audio track that sharon recorded. she's going to mouth the words to see if she can keep up with her own voice. all right? >> put me on the spot. >> hit it!

>> three, two, one! >> reporter: she won't say whether she'll be joined by destiny's child or her husband jay z and she won't divulge her song lists. >> not bad. >> but it's so much harder for beyonce. >> no. i think it's easier. she has the microphone to hide behind. >> but she still has the long nose, you know. i didn't have that. >> that's true. maybe you're right. i think you did great. thanks, sharon. >> sure. well, we know one person who is not lip syncing. paul. 100% real, wonderful weather! >> yes. it's legitimate. not memorex today. this was live. you went through it. mid 60's, kind of a fitting finish to a very dry january. it was crystal-clear out. as we're talking about temperatures, down in the 30's once again. sunny days lead to clear

nights. you will wake up in the 30's again for napa, concord and livermore starting in february. that's tomorrow. here is the setup. there is a lot of tropical moisture out there, lots of potential for rainfall. but that potential will never make it here to the bay area for the next several days, because all this moisture is hitting a wall. that wall is acting like a good offensive lineman and blocking all of that moisture and keeping it away from us. we call them domes of high pressure. some of them can be a couple hundred miles big, some a thousand. this one not only is large and strong but stubborn. it's not going to move. as long as it stays close to us, it will literally protect us from these storms, keeping us mainly dry all the way till next thursday. it will allow some of that moisture to make it down here. the next several days will be mild with clear nights, sunny days and yes, there is a little

bit of shower activity late next week. but we're talking about not until one week from today. highs tomorrow, well into the 60's. enjoy the afternoon. san jose, 67. upper 60's also for cupertino, loss altos and redwood city. 64 tomorrow for livermore. richmond, a high of 66. san francisco, 63 degrees. the sunshine continues right through the weekend, including your holiday parties, coming up on sunday for the super bowl. and then on monday, we're still sunny. a little cooler tuesday and wednesday. no rain until next thursday. that is your cbs 5 forecast. we'll be right back. you probably know -- the super bowl is just a few days away. frank gore has accomplished an awful lot in his eight years in san francisco. >> nobody does it better than frank gore. nobody! >> gore is the franchise's all- time leader in both rushing yards and touchdowns. on sunday, he'll have a chance

to add a super bowl to that

but cbs-5's michelle grieg dn't know they probably know the super bowl is just a couple of days away. >> cbs 5's michelle griego shows us that you wouldn't know it, looking at new orleans right now. >> super bowl is in four days or so now. if you look up and down the streets of bourbon street, nobody is in any kind of jerseys for either team yet. >> reporter: well, that's not entirely true. >> i tell ya, i feel like i'm overwhelmed with with the ravens' fans out here. >> only two ravens fans. >> yeah. two. >> reporter: and like a good gumbo, there are some other random ingredients. >> i am an eagles fan. cowboys fan.

>> reporter: but that's not adding up to the numbers local business owners had in mind. >> all the business owners are just kind of freaking out, wanting to know where everybody is at. everybody keeps sending people home. >> reporter: so on this thursday, before super bowl xlvii, fans are cheering for more fans. >> where you guys all at, man? >> please, bay area, come down here and catch on early flight! >> get on a plane. spend your money! spend whatever you got to spend. just bring it! bring it because we need you hear. >> i am pulling for the ravens. >> ravens. >> ravens. >> reporter: it may put some points on the board in local cash registers. >> there just hasn't been a lot of

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keep more presidents in your wallet. sleep train's presidents' day sale is on now. superior service best selection lowest price guaranteed. ♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ welcome back to new orleans, everybody. jim and john harbaugh will hold a joint press conference tomorrow. but don't expect anybody, in the words of jim harbaugh, to fire anything. >> he can deny it all he want. but if you have a brother, you know he wants to win and beat his brother very bad. >> loose lips sink ships. and they both have subscribed to that philosophy. so no one talks to anyone. >> brothers compete the most when their parents are

watching, i think, because you know their parents are going to try to say, y'all come down now. >> you wanna beat your brother. you should be that way, because if i was playing against my brother, i would wanna beat him. i would wanna make him look silly. >> just like colin kaepernick, dan moreno made the super bowl in his second season and his experience should be a cautionary tale for kaepernick. the dolphins were blown out. it would end up being moreno's only trip to the super bowl. >> what kind of advice would you give to a guy who might think he will be there ten times before his career is over? >> don't take anything for granted. i had a lot of success my first two years, thought i was going to be back three or four more times and win a super bowl. none of that ever happened. so i would say to a young quarterback like colin kaepernick or any young player on that football team, understand the moment and how important it is and the history

of it, because you never know if you're gonna get back again. >> reporter: meanwhile, back in the bay area, there is another team look a lot like a title contender tonight. welcome back, danny boyle! the veteran defenseman scores the game-winning goal in the shoot-out. the sharks' second straight shoot-out win. they beat the oilers. warriors houstoning the mavs tonight. stephen curry out again with the ankle injury. david lee pulls down one of his 20 rebounds. kicks it out to jarrett jack. final minute. golden state up one. bogut blocks wright. and that's exactly why they traded for him, to protect the paint. the warriors hang on for their third straight wane. waist management open in scottsdale.

it's a caddy race. big story, phil mikelson, on fire. this for a 59! oh, it lifted out. he can't believe it. he'd finish with a 60 and a four-shot lead. and don't forget, a week from today, round one of the at&t program at pebble beach. we'll take a time-out. we'll come back with

newscast is tomorrow morning at 4-30. letterman is next with al pacino. >> any good lines? >> our next newscast tomorrow at 4:30. i'm gonna be up. i expect all of you to be there. we'll do exercises before it starts. it will be good. >> i have a conference call at 4:30. good night!